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Rajasthan High Court Refers Live-in Relationship Protection Cases to Larger Bench

A landmark decision highlights the legal complexities surrounding live-in relationships in India.

The Rajasthan High Court, Jaipur Bench, recently issued a significant judgment (2025:RJ-JP:1930) referring several cases concerning the protection of individuals in live-in relationships to a larger bench. This action underscores the lack of clear legal framework and the resulting inconsistencies in judicial interpretations regarding this increasingly prevalent social phenomenon.

The Case at Hand

Justice Anoop Kumar Dhand heard multiple writ petitions filed by various couples seeking protection from threats and violence stemming from their live-in relationships. Many petitioners faced opposition from their families and society due to their unconventional relationship choices. The core legal question before the court was: Are married individuals involved in live-in relationships, without dissolving their marriages, entitled to court-ordered protection?

Conflicting Precedents

The judgment meticulously examines a series of conflicting decisions from coordinate benches within the Rajasthan High Court. Some benches granted protection orders to such couples, emphasizing the fundamental right to life and personal liberty (Article 21) guaranteed by the Indian Constitution. These benches underscored that the State has a duty to protect all citizens, regardless of the morality or legality of their relationships.

Conversely, other coordinate benches refused protection, citing the illegality of a married person engaging in a live-in relationship with another individual. They argued that granting protection in such cases would disrupt the social fabric of society.

Supreme Court Precedents and Legal Analysis

The judgment extensively reviews relevant Supreme Court precedents, including:

• Joseph Shine v. Union of India : The decriminalization of adultery, shifting its status from a criminal offense to a civil wrong.
• D. Velusamy v. D. Patchaiammal : Defining the criteria for a "relationship in the nature of marriage."
• Indra Sarma v. V.K.V. Sarma : Addressing the legality and social acceptance of live-in relationships.

The judge noted the lack of a specific law governing live-in relationships in India, creating a legal vacuum that leads to inconsistent judicial interpretations.

The Court's Decision and Implications

Given the conflicting views of coordinate benches, Justice Dhand deemed it necessary to refer the matter to a larger bench. This crucial step aims to establish a uniform and consistent legal approach to protection orders in cases involving live-in relationships, particularly those where one or both partners are already married.

Furthermore, the court strongly suggested the need for legislative intervention. The judge recommended that the central and state governments consider enacting a new law or amending existing legislation to address the rights and obligations of individuals in live-in relationships, including provisions for child maintenance and the protection of vulnerable partners.

This judgment highlights the urgent need for clear legal guidelines to address the growing number of cases involving live-in relationships in India. The larger bench's decision will significantly impact the legal landscape and provide much-needed clarity for couples navigating this complex area of law.